Judgement Call
by NettieC
Summary: Another dusted off story. Won't be a classic but a nice little one-shot. This time Jason Tiner stars.


AN: Written more than a decade ago before I started using more American punctuation. The storyline is a little farfetched but it is fiction, after all.

A Judgement Call

By Nettie

Petty Officer Jason Tiner, Yeoman, JAG Headquarters, Falls Church, Virginia.

Yes, Sir.

No, Sir.

Yes, Sir.

No, Sir.

'Petty Officer, your responses are very brief. Do you care to elaborate?'

'No, Sir.'

'Do you have anything to add?'

'No, Sir.'

'No further questions, Your Honour.'

'Does the defence wish to cross-examine the witness?'

'Not at this stage, Your Honour, but we reserve the right to recall this witness

at a later time.'

'Alright then, Petty Officer Tiner, you're excused for now.'

Tiner had barely had time to put his cover on his desk before the Admiral called out to him.

'Tiner, is that you?'

'Yes, Sir.'

'Well, get in here.'

'Yes, Sir.'

'How did it go in court this morning?'

'Ok, Sir.'

'Ok? What about the defence's questions – brutal?'

'No, Sir.'

'No – why not?'

'They didn't ask any, Sir.'

'What?'

'Reserved the right to recall me, Sir.'

'Oh. So are you back to resume your duties?'

'Yes, Sir.'

'Very well, carry on.'

'Aye, aye, Sir.'

Tiner returned to his desk and put his cover away. He sat down and released a huge sigh. He should have completed his law degree last semester but due to circumstances he couldn't control he still had a subject to go. He was frustrated that he was so close to being a lawyer and yet he had spent the best part of the morning saying Yes, Sir and No, Sir. Surely he had more to contribute than just being an office lackey, the Yes Man or No Man as the situation dictated. For the 10th time that month he thought about requesting a TAD and it was only February 3rd.

Commander Rabb had been standing at Tiner's desk for nearly a minute and Tiner was still not aware of him. It was only when the Commander knocked on the desk that Tiner was brought back to the present moment.

'Tough morning in court, Tiner?'

'No, Sir.'

'Something on your mind?'

'No, Sir.'

'Are you sure?'

'Yes, Sir.'

'Admiral in?'

'Yes, Sir.'

 _Here I go again_ he thought to himself as he buzzed the Admiral to inform him of the Commander's presence.

When Rabb emerged from the Admiral's office he was red-faced and flustered – two characteristics that Tiner didn't associate with the Commander.

'Everything alright, Commander?'

There was no reply.

'Sir, anything I can do?'

'Yeah, hurry up and finish your degree – things are about to get very messy and we may be one lawyer short.'

'Who, Sir?'

'Me.'

'Tiner, in here.'

'Yes, Sir.'

'We have a situation. It seems Commander Rabb is being investigated by someone from the SecNav's office in regards to leaking some information.'

'To whom, Sir?'

'To whom? To no one he didn't do it.'

'No, Sir. Sorry, Sir, it's not what I meant. I meant…'

'Yeah, I know what you meant. Apparently Robyn Jeffries, she's a reporter from the New York Times, says she has information regarding military operations, assignments, budgets, etc. She says she has gotten them from a very high profile male member of JAG over the last three months.'

'That doesn't mean it's the Commander though, Sir.'

'She also adds that her source wasn't always a lawyer and started in the Navy. Although not saying it, she makes heavy hints that he was a pilot.'

'Not too many Navy pilot lawyers at JAG, is there, Sir?'

'No, there's not, Tiner.'

'Did she specifically name him?'

'No, Tiner, but the SecNav is certain it's him.'

'What can I do, Sir?'

'Pull every piece of correspondence in and out of Rabb's office for the last three months. Get his phone records, faxes, emails, and diary. Anything that you can. If we can't prove that he didn't contact this Jeffries woman, then the least we can do is prove what he was doing at the time. Dismissed.'

'Aye, aye, Sir.'

For a Friday afternoon Tiner was very busy. He had taken on this assignment with a vigour not usually seen this late in the week. But this was his chance to make an effective contribution, he had told himself, to show others that he was more than a glorified secretary, and perhaps to show himself that he could cut it as a lawyer.

When the Admiral left at 1925, Tiner was busily collating records. When the Admiral called into the office, mid-morning Saturday, Tiner was on his knees in a sea of paper.

'Tiner, what on earth…?'

'Morning, Sir.'

'Tiner, you been here all night?'

'No, Sir, but it was a lot of evidence you requested and given that it is the Commander's reputation at stake, I thought this matter to be time sensitive.'

'Good thinking. Found anything yet?'

'No, Sir, but I'll keep going.'

'Very good, Tiner.'

By Monday morning the sea had been drained and replaced by colour coded folders sitting neatly on Tiner's desk. He shuffled them as he waited for the Admiral to arrive.

'Morning, Tiner,'

'Morning, Sir,' he followed the Admiral into his office. 'Admiral, the SecNav has called twice this morning and says that it's urgent. Ms Callaghan called to push lunch back to 1400. Commander Rabb has requested a meeting ASAP and Commander Turner has checked in from the Seahawk, his investigation is still going and he needs another 48 hours.'

'Ok, Tiner, get me the SecNav.'

Tiner returned to his desk and he couldn't hear the conversation between the Admiral and SecNav but by the volume and tone from the Admiral's end it wasn't an amiable discussion.

When the red light went off the phone Tiner knocked on the door.

'Enter.'

'Sir, can I get you anything?'

'Yes, Tiner, you can. You can go and tell Commander Rabb that if he doesn't get his butt in here in the next 60 seconds I'll kick it from here to Nova Scotia.'

'Yes, Sir.'

Tiner returned with Rabb in record time. As he went to leave the Admiral asked him to stay. He had said that he might need a witness to collaborate his story that he had been provoked into killing Rabb by the Commander's sheer stupidity. Tiner stood in front of the fireplace very ill at ease. He didn't know what was coming but he knew he didn't want to witness it.

'Admiral?'

'Commander Rabb, I've just been speaking to the SecNav. Not quite speaking – more like screaming at 90 paces. He told me a few things that I didn't know. For one, that you apparently dated this Jeffries woman.'

'Uh, no.'

'Don't interrupt, Commander. Thing two, you called her last Friday night trying to get her to retract her claims.'

'Sir, no.'

'What part of don't interrupt, don't you get, Rabb? Thing three, yesterday you sent her two dozen roses.'

The Admiral paused but the Commander said nothing.

'Well, don't just stand there like an imbecile – say something Commander.'

'Sir, it's all lies. I don't know the woman. I couldn't have dated her because I've never met her. I don't know where she lives, so how could I phone her or send her flowers. Sir, it's not me.'

'Rabb, you'd better be telling the truth because I just told the SecNav to get his head out of his six and to see the set up that this is.'

'Sir, it's the truth.'

'Tiner, what have you found? Anything?'

'Nothing that indicates the Commander has ever made contact with Ms Jeffries, not from here at JAG at least.'

'Not from here. Not from anywhere, Tiner. I haven't done it.'

'Ah, yes Sir. Admiral has Ms Jeffries listed her allegations. You know, where, when, who?'

'No, Tiner, she hasn't.'

'If we can get that, then we can cross-check and provide the Commander with an alibi.'

'An alibi – do you think I'm guilty, Tiner?'

'No, Sir, but no matter how clean you are some mud always sticks.'

When the printed list of allegations came through from the SecNav's office, Tiner pawed over them as if they contained the secrets of the world. He made notes, cross-checked files, consulted references and by the end he knew more about the Commander's movements in the last three months than his own. He proudly presented the Admiral with a 36 page document outlining an alibi for 27 of the 29 allegations.

'What does it tell me, Tiner?'

'Sir, it tells you that Commander Rabb couldn't be in two places at once. It couldn't have been him.'

'Good work, Tiner. Get Rabb in here.'

'Aye, aye, Sir and thanks.'

Tiner wasn't privy to the next discussion but when Rabb came out he was very grateful for Tiner's help. The SecNav was also impressed with the evidence Tiner had compiled, very thorough and detailed. The SecNav was happy to accept that the unidentified lawyer was not Rabb. Tiner was justifiably proud of himself when the Admiral made the announcement.

Tiner sat at his desk as pleased as punch. In a few short days he had been able to turn a messy situation into a clean cut one. He had served the Commander well. _If I only knew who had done it_ he thought to himself. It was one thing to be cleared but another when somebody else gets blamed.

Tiner pulled out the coloured folders again and reviewed them again. This time he checked the allegations against the conduct of every JAG lawyer, he started with the phone log and before long the same New York number came up. To be sure, he pulled out Ms Jeffries' allegations and nearly fell off the chair when he realised they were spot on. Tiner got out the duties roster and the same person was on leave on all three occasions that Ms Jeffries had said he was in New York.

Tiner looked at the name and his mind raced – what should he do? What could he do? As a lawyer he would only have to defend his client, he wouldn't have to make a prosecution case against someone else. Three times he stood to go into the Admiral's door and got cold feet and sat back down.

Mac had observed this and went over to him. 'Tiner?'

'Yes, Ma'am?'

'Having problems?'

'No, Ma'am.'

'Are you sure? You seem to have forgotten how to knock on the door.'

'Oh, no, Ma'am, change of heart.'

'Are you sure?'

'Ma'am, can I ask you something?'

'Go ahead, Tiner.'

'If in defending your client you uncover evidence against another party, are you required to divulge it?'

'Depends on what it is. Tiner.'

'Ma'am?'

'How did you discover this evidence?'

'Paperwork, Ma'am.'

'Is it protected by confidentiality?'

'No, Ma'am.'

'Are you sure of the evidence?'

'Yes, Ma'am.'

'Tiner, being a lawyer and an officer at the same time can be very difficult. Here at JAG our priority is the military. If you know something that is detrimental to it and you are not bound by client – attorney privilege then…then you know what to do, don't you?

'Yes, Ma'am. Thank you, Ma'am.'

'Anytime. Anything else I can help you with Tiner?'

'Maybe a character reference for when I'm looking for a new job tomorrow.'

'A new job, why?'

'You don't want to know, Ma'am.'

Tiner stood and knocked on the Admiral's door.

'Enter.'

'Admiral, I have found further evidence on the Jeffries matter.'

'There's no longer a Jeffries matter, Tiner. Rabb was cleared, case over.'

'No, Sir, it's not. I took another look at the evidence because I thought that if he didn't do it then someone else must have.'

'And did you find the someone else?'

'Yes, Sir, I did.'

'Who was it, Tiner?'

'You, Sir.'

'Me?'

'Yes, Sir.'

'I've never met the woman, Tiner.'

'Sir, those New York numbers you were ringing, they were hers. She's the woman you met in November in Delaware.'

'Her name was Samantha Nolan, Tiner, she was a photographer.'

'Sir, here's her picture. Does she look familiar?'

'No – Yes.'

'Then, yes you did contact her?'

'Yes, I did.'

'Then it was you and not Commander Rabb, Sir. You are the leak at JAG.'

'And you've just plugged it, Tiner.'

Tiner stood frozen to the spot, he knew he had done the right thing but he didn't know what would happen next.

'Congratulations, Tiner, you have just completed your law degree. I know how disappointed you were when you found out you had the extra semester to go because of missing that deadline. So I contacted your lecturer and he said an on-the-job scenario was the best form of assessment and you just passed with flying colours.'

'Um, thank you, Sir.'

'That took some guts, confronting me like that.'

'Yes, Sir.'

'Nervous?'

'Yes, Sir.'

'Do you want to sit down?'

'Yes, Sir.'

The Admiral moved forward and shook Tiner's hand. He patted him on the back as he went to open the door for the others. They congratulated him heartily – they had all been in on the rouse. The Admiral popped the champagne and orange juice and together they toasted JAG's newest lawyer.


End file.
